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Kachin State Constitution

(Draft)
Kachin State Constitution Drafting Committee
2006
Contents
Chapter (1) Kachin State
Chapter (2) Fundamental Rights and Freedoms
Chapter (3) Kachin State Legislative Assembly
Chapter (4) Kachin State Government
Chapter (5) Suffrage and Elections
Chapter (6) Judiciary
Chapter (7) Inter-Governmental Relations
Chapter (8) Emergencies
Chapter (9) General Provisions
Chapter (10) Transitional Provisions
Chapter (11) Amendment of the Constitution
Preface
Our Federal Union of Burma is a country inhabited with different
nationalities such as Kachin, Karen, Karenni (Kayah), Chin, Burman, Mon,
Rakhine and Shan. As the areas inhabited by these nationalities are differ-
ent, the languages, literature, and cultures are also different. When we
study the background history of these nationalities, it is found that they
had been ruled by their own kings or chieftains and they had been inde-
pendent from foreign rule. When they were about to get independence
from the British Rule, they agreed to establish a Federal Union that would
give genuine autonomy to the member nationalities to rule their own au-
tonomous states.
When Burma was actually independent, the Union of Burma did
not emerged as it was originally agreed but as a chauvinistic Union of
Burma. We have seen that the various nationalities did not use the rights
written in the Constitution to separate their States as the independent coun-
tries. Instead, they tried to build up genuine Union of Burma democrati-
cally.
However, the military authoritarian regime led by Bo Ne Win seized
the power; giving the reason that the country was falling apart and estab-
lished military dominated totalitarian Burmese Socialist Program Party.
They have tried to eliminate the languages, literature, cultures etc. of other
nationalities. The original meaning of the "Federal principle" which means
"the principle of a Union" was changed into "separatism". Non-Burmese
nationalities were also suspected as separatists and they suffered racial
and religious discrimination. They seized the power of the country illegally
to build up the Burmese chauvinism. It is evident that their Burmese chau-
vinism never changed during the successive groups of military rulers. The
Revolutionary Council led Bo Ne Win tried to establish strong footing of
their power for over twelve years and formed the totalitarian political sys-
tem. The present military leaders are also seen trying to write the military
dominated constitution that will give them the chance to pull the string of
the regime and the right to seize the power whenever they like.
In order to be evident and understood, that the Federal principle
of Kachin people is not the separatism as the military regime accused;
that we Kachin people are democratically trying to establish a genuine
Federal Union of Burma in which all the different nationalities have their
own autonomous states and having equal right in all areas; this Draft
Constitu-tion of Kachin State is written.
The Kachin State Constitution Drafting Committee does not con-
sider this Draft Constitution of Kachin State is complete. We believe that
the Constitution of Kachin State that would give the democratic rights,
equality and self-determination desired by the Kachin people to live peace-
fully amongst the indigenous people of the Federal Union of Burma would
be complete only if we receive suggestions from the people.
We therefore, submit this Draft Constitution of Kachin State to
the citizens of the Kachin State for suggestions and criticism.
Kachin State Constitution Drafting Committee
Kachin State Constitution
(Draft)
We, the citizens of Kachin State, in order to establish a genuine
Federal Union, to enjoy equal political, economic, and social self-
determination, to improve the social security and individual freedom of the
citizens of Kachin State, to establish peace in the State, and to enjoy the
essence of freedom for us and for our descendants, do hereby enact the
Kachin State Constitution in the Kachin State Legislative Assembly on
year month day and adopt it as
our fundamental law.
Chapter (1)
Kachin State
Article 1 Kachin State
Kachin State is a member national state of the federal union of Burma. It
shall be known as Kachin State.
Article 2 Sovereignty
(A) Kachin State is a sovereign state in accordance with the constitution
of the Federal Union of Burma.
(B) The sovereignty of Kachin State rests in the hands of Kachin State
Citizens.
(C) The sovereignty of Kachin State shall be exercised through the
people's representatives elected by free, fair, and regular elections,
with universal suffrage.
Article 3 Separate Exercise of Powers
The Legislative Power, Executive Power, and Judicial Power of Kachin
State shall be exercised by separate and independent branches with a
system of mutual checks and balances.
Article 4 Political System
Kachin State shall establish and preserve a system of multiparty democracy.
Article 5 Boundaries
The legal territory of Kachin State shall remain unchanged from the day
this constitution came into force.
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Article 6 Kachin State Administrative Organization
Kachin State administration shall be organized into the following divisions:
(A) wards shall be grouped together as ward-tracts;
(B) villages shall be grouped together as village-tracts;
(C) ward-tracts or village-tracts shall be grouped together as towns;
(D) ward-tracts or village-tracts or towns shall be grouped together as
townships; and
(E) townships shall be grouped together as Kachin State.
Article 7 Capitol
Myitkyina shall be the capital of Kachin State.
Article 8 Official Languages
English and Kachin shall be the official languages of Kachin State.
Article 9 Division of Powers
(A) The Legislative Assembly of Kachin State shall have the authority
to legislate regarding the following matters except insofar as the
constitution of the Federal Union prohibits these powers to Kachin
State or on the matters exclusively delegates to the government of
the Federal Union of Burma:
(1) Citizenship in Kachin State
(2) Defense of Kachin State
(3) Forest and Environment Conservation
(4) Development and Marketing of Natural Resources
(5) Sales Tax, Business Tax, Income Tax, Excise Tax, and Port
Tax;
(6) International Trade
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(7) Customs Duties, Export and Import Taxes
(8) Trade and Commerce in Kachin State
(9) Education
(10) Health
(11) Social Welfare
(12) Property Transfers
(13) Energy and Development Planning
(14) Customary law, including, inter-alia, marriage, divorce, and
inheritance
(15) Cultural Affairs
(16) Gambling
(17) Kachin State Budget
(18) Kachin State Civil Service
(19) Narcotics
(20)
(
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The Assembly of the Federal Union of Burma shall have the authority
to legislate regarding the following areas if the legislation is beneficial
to Kachin State or to other Member States of the Federal Union
or for the Federal Union of Burma as a whole.
(1) Sales Tax, Business Tax, Beverage Tax, and Port Tax
(2) Environmental Conservation
(3) Harmful Drugs
(4) Birth and Death Registration
(5) Copyrights, Patents, and other intellectual property issues
(6) Production, Sales, Export, and Import of Arms and Explosives
(7) Energy Development matters within Kachin State
(8) Foreign Direct Investment in Kachin State
(9) Local Television and Radio Broadcasting
(10) Banking and Insurance Business
(11) University, Vocational and Professional Education
(12) Navigable Interstate Waterways
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(13) Refugees and Asylum
(14) Criminal Laws and Civil Laws
(15) Training of Civil Servants within Kachin State
(C) Kachin State delegates to the legislative assembly of the Federal
Union of Burma the exclusive authority to legislate in the following
areas.
(1) Foreign Affairs
(2) Defense of the Federal Union of Burma
(3) Postal Services and Telecommunications
(4) Printing of currency notes, minting of coins, and their
distribution
(5) Weights and measurements of the Federal Union
(6) Annual budget of the Federal Union
(7) Transportation of the Federal Union, Railway of the Federal
Union, Internal water navigation of the Federal Union, sea
navigation and aerial navigation
(8) Citizenship of the Federal Union and Immigration rules and
regulations
(9) Armed forces of the Federal Union
(10) Emergency matters of the Federal Union
(11) National Census of the Federal Union
(12) Rules and regulations pertaining post graduate education
(13) Matters concerning marriage, divorce and inheritance between
people of different cultures and beliefs.
(14) Election of the members the national parliament of the Federal
Union.
Article 10 Local Government
(A) Township administrations and their subdivisions shall be con-
siderite to be local government administrations.
(C) The powers and responsibilities of local government administrations
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shall be prescribed by the Kachin State Legislative Assembly.
Article 11 Constitutional Supremacy
The Constitution of the Federal Union of Burma and the Kachin
State Constitution are the supreme laws of Kachin State.
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Chapter (2)
Fundamental Rights and Freedoms
Article 12 Absolute Rights
Every person living in Kachin State:
(A) shall be equal before the law irrespective of native birthplace, reli-
gion, class, gender, color, ethnicity, and age;
(B) shall have freedom of thought and belief;
(C) shall be recognized as a human being and shall have the right to
respect and protection for his or her human dignity; and
(D) shall have the right to life.
Article 13 Absolute Freedoms
No person living in Kachin State:
(A) shall be enslaved;
(B) shall be subjected to forced labor except as punishment by law for
a criminal offense of which the person has been duly convicted;
and
(C) shall be subjected to torture, or cruel, inhumane, and degrading
treatment.
Article 14 Individual Rights to Thought, Speech, and Belief
Every person living in Kachin State shall have:
(A) the right to freedom of expression and publication, the right of
access to information, and the right to disseminate information;
(B) the right to worship and practice religion;
(C) the right to assemble and peacefully demonstrate;
(D) the right to seek political asylum; and
(E) provided that, the Kachin State Legislative Assembly may enact
laws to restrict the exercise of the rights defined in this article insofar
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as the exercise of those rights contravenes democratic principles,
endangers public health, or injures public morality.
Article 15 Privacy Rights
Any person living in Kachin State shall be secure from:
(A) illegal disturbance of his or her own premises; illegal intrusion on his
or her personal correspondence; illegal interference with his or her
personal freedom; and illegal injury to his or her reputation and
dignity; and
(B) illegal searches and seizures of the person, home, or property.
Article 16 Freedom of Travel and Settlement
Every citizen of the Kachin State shall have the right
(A) to travel freely, to move his or her residence, and to pursue business
and employment within Kachin State
(B) to move his or her residence from Kachin State to any other member
state of the Federal Union of Burma, and to pursue business and
employment in accordance with the prescriptions of the law of the
state to which he or she has relocated.
Article 17 The Right to Form Organizations
Every citizen of the Kachin State:
(A) shall have the right to freely form, join, and participate in organiza-
tions, associations, and labor unions in accordance with the law; and
(B) shall not be forced to participate in any organization, association, or
union.
Article 18 Rights to Education
Every citizen of the Kachin State shall:
(A) have the right to freely pursue an education;
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(B) have the right to freely choose his or her desired subject, course
or vocational training, and higher education; and
(C) be provided nine years of mandatory free education.
Article 19 The Right to Work
Every citizen of the Kachin State shall have the right to work and the
freedom to choose his or her occupation free of discrimination based on
birthplace, religion, class or social status, gender, color, race or ethnicity
or age.
Article 20 The Right to Marry
Every person who has attained the age of legal maturity shall have the right
to marry in accordance with his or her free will, without discrimination
based on race, religion, or social status.
Article 21 Freedom to Travel Abroad
Every citizen of the Kachin State shall have the right to leave and return to
Kachin State if the countries concerned permit accordingly.
Article 22 Property Rights
(A) Every citizen of the Kachin State shall have the right to own, transfer,
dispose, trade, sell, devise and inherit lawfully acquired property.
(B) The property of any citizen of the Kachin State shall be revoked or
restricted only for the benefit of the public at large in accordance with the
law. In revoking these private rights for public interests, proper and
adequate compensation must be paid in accordance with law.
Article 23 Arrest and Detention
(A) No person living within Kachin State shall be arrested, detained,
or held as a suspect on the basis of mere suspicion.
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(B) Every person arrested, detained or imprisoned shall be treated
with respect for his or her human rights and human dignities.
(C) Any person arrested without a warrant shall not be detained more
than twenty-four hours. Before a person may be detained for more
than twenty-four hours, the arrested persona must be brought before
a competent court and the court must issue a detention order. The
court shall issue such a detention order only if it finds that there are
sufficient grounds to detain the person in accordance with the existing
laws.
Article 24 The Rights of Criminal Defendants
(A) Every person charged with a criminal offense shall have the right:
1. to be informed without unreasonable delay of the charge and
alleged specific offense;
2. to be tried within a reasonable time;
3. not to be compelled to confess to the offense;
4. to offer a full legal defense to the charge;
5. to be provided with an attorney for his or her defense;
6. to be tried in a language that he or she understands; if it is not
possible to conduct the proceedings in that language, then he
or she shall have the right to seek an interpreter.
(B) The public shall be allowed to attend every court hearing unless the
defendant's legitimate interests would be infringed.
Article 25 The Writ of Habeas Corpus
(A) The writ of habeas corpus may be demanded and shall be issued in
every criminal case except trials for the invasion of The Federal
Union of Bunna or Kachin State or for severe aggression against or
infringement of public security.
(B) When a competent court is requested to issue a writ of habeas
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corpus, the court must issue the writ without delay and without fee.
Article 26 Procedures and Penalties
(A) No person shall be tried for an offense except under the laws existing
at the time of the offense.
(B) No penalty degrading to human dignity shall be imposed.
(C) A person acquitted of an offense shall not be retried for the same
offense.
(D) No person shall be punished more than once for the same offense.
(E) No person shall be punished with imprisonment for debt except
for commission of financial fraudulence.
Article 27 National Languages
Every citizen of the Kachin State shall have the right to freely learn his or
her own language, including but not limited to his or her ethnic language,
and shall have the right to develop and promote his or her own languages
and literatures, including but not limited to his or her own ethnic languages
and literatures.
Article 28 Cultural Rights
Every citizen of the Kachin State shall have the right to develop and promote
his or her cultures, customs, and traditions.
Article 29 The Right to Establish Educational Institutions
Every citizen of the Kachin State shall have the right to establish private
schools, universities, colleges, science and vocational training institutions,
and higher academic institutions in accordance with the existing laws of
Kachin State.
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Article 30 Political Rights
Every citizen of the Kachin State at the age of maturity shall have the right:
(A) to participate in the conduct of political affairs, directly or indirectly
through freely elected representatives;
(B) to vote and to run for office in elections that shall be conducted by
free, fair, direct, and secret voting.
Article 31 Women's Rights
(A) Women shall have equal rights in politic, economic, social and cul-
tural matters; they shall enjoy the same rights as men.
(B) Mothers, children, and pregnant women shall enjoy the rights pre-
scribed by the law.
(C) Women shall have the right to marry, divorce, receive assets, inherit
and own properties, and take custody of children, Kachin State
legislative assembly shall laws pertaining the said matters.
Article 32 The Rights of Children
(A) Every child shall have the right to protection and care in his or her
status as a minor, and shall be entitled to assistance and care from
society as a whole.
(B) Children shall not be separated from their families without the consent
of their parents or guardians, except where the parents or guardians
have neglected their responsibilities or where the children need to
be removed in order to be protected and where separation is con-
ducted only in accordance with the law.
(C) Children shall be protected from exploitation for economic benefits.
They shall be protected against employment which imposes negative
impact on their morality, health, lives, or physical development.
(D) The Kachin State legislative assembly shall prescribe the minimum
age of employment for children.
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Article 33 Human Rights Commission
(A) Any person whose human rights are violated shall have the right
to protection by the Human Rights Commission.
(B) An Independent Human Rights Commission shall be established as
prescribed by laws made by the Kachin State legislative assembly.
Article 34 Constitutional Protection
(A) Every person living in Kachin State shall be entitled to seek consti-
tutional protection from the Kachin State Supreme Court whenever
it is necessary.
(B) This right shall not be revoked under any conditions.
Article 35 The Right to Become a State Citizen
In accordance with the Kachin State constitution, every person living in
Kachin State shall have the right to seek Kachin State citizenship.
Article 36 The Right of Intellectual Property
Every citizen of the Kachin State shall have the right to freely
(A) pursue, invent, and learn creative science;
(B) compose, invent, and think in order to develop fine arts and creative
arts.
Article 37 Copyright
Every citizen of the Kachin State shall enjoy the freedom to engage in
creative work and to establish rights to intellectual property.
Article 38 Rights not Prescribed
The fact that this constitution prescribes certain rights shall not give the
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government the permission to prohibit the exercise of other rights still
retained by the citizens of the Kachin State.
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Chapter (3)
Kachin State Legislative Assembly
Article 39 Kachin State Legislative Assembly
The legislative power of Kachin State shall be vested in the Kachin State
Legislative Assembly. The Kachin State Legislative Assembly shall be
formed by representatives of the people elected by eligible voters through
free and fair elections.
Article 40 Separate Legislative Power
(A) Although the Kachin State Legislative Assembly shall have the
power to pass laws, the Kachin State citizenry shall have the power
to approve or reject such laws, as a whole or parts thereof, and to
adopt new laws by referendum.
(B) The Kachin State Legislative Assembly shall legislate in accordance
with the results of such referenda.
Article 41 Terms
The term of the Kachin State Legislative Assembly shall be four years
counting from the first day of the session. In the first session of the Kachin
State Legislative Assembly, the elected people's representatives shall be
divided equally into two groups, and the term of one group shall be two
years.
Article 42 Kachin State Legislative Assembly Pro-tempt Presidia
(A) In the first session of the Kachin State Legislative Assembly, the
members of the assembly shall elect three presidia from among their
number.
(B) The three elected presidia shall elect a Chairman from among their
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number.
(C) The three elected presidia shall take an oath before the members of
the Kachin State Legislative Assembly.
Article 43 Powers and Duties of Pro-temp Presidia
Pro-temp Presidia shall
(A) conduct orderly sessions of the Kachin State Legislative Assembly.
Any Legislative Member who refuses to conform his conduct to
the orders of the presidia shall be removed from the chamber of
the Kachin State Legislative Assembly.
(B) conduct the taking of oaths by the Chairman of the Kachin State
Legislative Assembly and the Members of the Kachin State Le-
gislative Assembly.
Article 44 Term of Pro-Temp Presidia
The term of Pro-temp Presidia shall cease upon the completion of the
taking of oaths by the Chairman of the Kachin State Legislative Assembly
and the Members of the Kachin State Legislative Assembly.
Article 45 Chairman and Vice Chairman of the Kachin State Le-
gislative Assembly
In the first session of the Kachin State Legislative Assembly, the Chairman
and Vice Chairman of the Kachin State Legislative Assembly shall be
elected by the members from among their number.
Article 46 Powers and Duties of the Chairman and Vice Chairman
of the Kachin State Legislative Assembly
(A) The rank of the Chairman of the Kachin State Legislative Assembly
is equivalent to the rank of the Deputy Chief Minister of Kachin State.
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(B) The Chairman of the Kachin State Legislative Assembly shall serve
as Deputy Chief Minister when the Deputy Chief Minister acts as
Chief Minister of Kachin State.
(C) The Chairman of the Kachin State Legislative Assembly shall have
the authority and responsibility to ensure that the members of the
Kachin State Legislative Assembly follow the Assembly's rules and
regulations during the session over which the Chairman presides.
(D) The Vice Chairman of the Kachin State Legislative Assembly shall
assume the duties and functions of the Chairman when the Chairman
is incapable of performing his or her duties and functions. The rank
of Vice Chairman of the Kachin State Legislative Assembly is equi-
valent to the rank of a Minister of Kachin State.
Article 47 Legislation
(A) In accordance with the Constitution of the Federal Union of Burma,
the Kachin State Legislative Assembly shall make laws with respect
to any matters relevant to Kachin State.
(B) In order to make a law or to repeal an existing law, any Kachin
State Legislative Assembly Member may submit a bill to the Legi-
slative Assembly, and laws may be made or repealed only upon
such submission. Any Kachin State citizen may also submit a bill to
the Kachin State Legislative Assembly through any member of the
Assembly.
(C) In special cases, a bill submitted to the Kachin State Legislative
Assembly shall become the law only when it receives 75 percent of
the votes cast by the members of the Assembly. In ordinary cases,
a bill submitted to the Kachin State Legislative Assembly shall be-
come law when it receives a simple majority of the votes cast by the
members of the Assembly.
(D) By simple majority vote, the members of the Kachin State Legislative
Assembly shall determine whether a particular bill shall be deemed
a special bill, such that its passage requires 75 percent of the vote,
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or an ordinary bill, such that its passage shall require only a simple
majority vote.
Article 48 The Sessions of the Kachin State Legislative Assembly
(A) The regular session of the Kachin State Legislative Assembly shall
be held at least once every year. However, if it is necessary, a special
or emergency session also may also be convened.
(B) A special or emergency session shall be convened whenever de-
manded by the Chief Minister of Kachin State or by 35 percent of
the members of the Kachin State Legislative Assembly.
Article 49 Quorum for a Session
The quorum for a session of the Kachin State Legislative Assembly shall
consist of 50 percent plus one of the members of the Assembly.
Article 50 Rules and Procedures
The Kachin State Legislative Assembly shall prescribe by law the rules
and regulations and procedures of the Kachin State Legislative Assembly.
Article 51 Referenda
Whenever it is necessary, the Kachin State Legislative Assembly shall
conduct referenda.
Article 52 Committees
The Kachin State Legislative Assembly shall form any such committees as
shall be necessary.
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Article 53 Exemption
During a session of the Kachin State Legislative Assembly, no member
shall be arrested in the chamber or while traveling to or from the chamber
without the permission of the Chairman of the Kachin State Legislative
Assembly.
Article 54 Impeachment
(A) The Chief Minister, Deputy Chief Minister, Ministers, and Deputy
Ministers of Kachin State, and the Justices of the Kachin State
High Court may be impeached for commission of:
(1) high treason
(2) bribery
(3) violation of a criminal law or
(4) gross misconduct. If one third of the members of the Kachin
State Legislative Assembly vote to impeach, the Assembly
shall form an enquiry commission to conduct the impeachment.
(B) After one third of the members of the Kachin State Legislative
Assembly votes to impeach and the Assembly has formed an enquiry
commission, the accused shall be relieved of his or her official duties.
(C) If two-thirds of the members of the Kachin State Legislative
Assembly agree with the findings of the enquiry commission, appro-
priate and necessary action shall be taken.
Article 55 Supreme Legislative Body
The Kachin State Legislative Assembly is the supreme legislative body of
Kachin State.
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Chapter (4)
Kachin State Government
Article 56 Kachin State Government
(A) The Government of Kachin State shall be comprised of Ministers
led by the Chief Minister of Kachin State. The Kachin State Govern-
ment is the supreme administrative body of Kachin State.
(B) The term of the Government of Kachin State shall be equivalent to
the term of the Kachin State legislative assembly and shall be four
years.
Article 57 Composition of Government
The Kachin State Government shall be comprised by
(A) A Chief Minister
(B) A Deputy Chief Minister
(C) Ministers
(D) The Kachin State Attorney General.
Article 58 Chief Minister
(A) The Chief Minister shall be elected by the members of the Kachin
State Legislative Assembly from among their number to lead the
government.
(B) No member of the Kachin State Legislative Assembly shall serve
as Chief Minister for more than two terms.
Article 59 Kachin State Government
(A) The Kachin State Legislative Assembly shall form the following
Ministries. In addition, if it is necessary, the numbers of ministries
shall be increased or decreased.
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(B) The Chief Minister of Kachin State shall nominate the Deputy Chief
Minister, Ministers, Deputy Ministers and Attorney General of Ka-
chin State with the advice and consent of the Kachin State Legislative
Assembly.
Article 60 The Duties of Government
The duties of the Kachin State Government are:
(1) to supervise the administration, economy, finance, social affairs,
foreign affairs, and security of Kachin State on behalf of the Kachin
State Legislative Assembly;
(2) to implement the decisions of the Kachin State Legislative Assembly;
(3) to guide and facilitate Kachin State Ministries and Local Govern-
ments in accordance with this constitution;
(4) to supervise law and order and to maintain peace in Kachin State;
(5) to coordinate with the Government of the Federal Union of the Re-
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(1) Ministry of Foreign Affairs
(2) Ministry of Security and Defense
(3) Ministry of Interior
(4) Ministry of Economics
(5) Ministry of Finance
(6) Ministry of Health
(7) Ministry of Education
(8) Ministry of Energy
(9) Ministry of Agriculture
(10) Ministry of Communication
(11) Ministry of Labor
(12) Ministry of Transportation
(13) Ministry of Environmental Conservation
(14) Ministry of Welfare
(15)
(16)
public of Burma in any matters relevant to Kachin State and the
Federal Union in accordance with Constitution of the Federal Union
of the Republic of Burma; and
(6) to represent the Kachin State Legislative Assembly.
Article 61 The Duties of the Chief Minister
(A) The Chief Minister is the head of Kachin State and of the Government
of Kachin State.
(B) All armed forces in Kachin State shal 1 be under the command of the
Chief Minister of Kachin State except those armed forces that are
under the command of the Government of the Federal Union of the
Republic of Burma. The Chief Minister is the Commander-in-Chief
of all armed forces. The armed forces of Kachin State shall never
be deployed for political purposes.
(C) The Chief Minister shall perform the duties of the Government of
Kachin State and those duties assigned to him or her by the Kachin
State Constitution and the Constitution of the Federal Union of the
Republic of Burma.
Article 62 The Duties of the Deputy Chief Minister
(A) perform those duties and responsibilities assigned by the Chief
Minister;
(B) act as the Chief Minister when the Chief Minister is incapable of
performing his or her duties;
(C) provided however that the Deputy Chief Minister may act as the
Chief Minister pursuant to 62(B) only for a period not to exceed
the remaining term of the Chief Minister, and further provided that
this provision shall not be affected by the prescription of Article
58 (B).
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Article 63 The Duties of the Members of the Kachin State
Legislative Assembly
Every member of the Kachin State Legislative Assembly shall interact
with the people of his or her constituency in order to receive their views
and ideas. He or she shall regularly report on his or her performance to
the people of his or her constituency. He or she shall perform the duties
assigned by the Constitution of Kachin State and the Legislative Assembly.
Article 64 Salary, Remuneration, and Compensation
The Kachin State Legislative Assembly shall prescribe by law the salary,
remuneration, and compensation of the Chief Minister, Deputy Chief
Minister, Ministers, and the Members of the Kachin State Legislative
Assembly.
Article 65 Attorney General of Kachin State
(A) The Chief Minister of Kachin State shall appoint the Kachin State
Attorney General from the list of nominated persons by and with
the approval of the Kachin State Legislative Assembly.
(B) The rank of Attorney General of Kachin State is equivalent to the
rank of Minister of Kachin State.
(C) The Attorney General of Kachin State shall provide legal advice to
the Government of Kachin State and shall act on behalf of the
Government of Kachin State in legal matters.
(D) The Kachin State Legislative Assembly shall make such law as shall
be necessary and appropriate to carry this provision into effect.
Article 66 No Confidence Motion
(A) A no confidence motion may not be moved within one year from
the formation of Kachin State Government.
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(B) The government shall be dissolved if a majority of the members of
the Kachin State Legislative Assembly support a motion of no con-
fidence. In such event, the Chairman of the Kachin State Legislative
Assembly shall issue an order to the Kachin State Legislative Assem-
bly to form a new Kachin State Government.
(C) Not more than fourteen days after the issuance of an order by the
Chairman of the Kachin State Legislative Assembly under Article
66(B), the Kachin State Legislative Assembly shall form a new
government. Upon such formation, the outgoing government shall
transfer its governmental functions to the incoming new government.
(D) If the Kachin State Legislative Assembly fails to form a new govern-
ment within 14 days after the issuance of an order by the Chairman
of the Kachin State Legislative Assembly, the Chairman of the Kachin
State Legislative Assembly shall dissolve the Assembly and form an
interim government from those persons whom he or she deems fit.
The interim government shall then carry on the functions of govern-
ment and shall call a new election for the Assembly within six months
of the dissolution of the old government.
(E) The interim government shall be dissolved after the new election
has been held and a new government has been formed, at which
time the interim government shall transfer its governmental duties to
the new government.
23
Chapter (4)
Suffrage and Elections
Article 67 Elections
The Kachin State Legislative Assembly may
(A) without contradicting the laws of the Federal Union of the Republic
of Burma, prescribe laws for electing members of both the Chamber
of the People's Representatives and the Chamber of Nationalities
of the Federal Union of the Republic of Burma and
(B) prescribe laws for electing members of the Kachin State Legislative
Assembly.
Article 68 Voting Rights
Every citizen of the Kachin State with the following qualifications shall
have the right to vote in elections in Kachin State:
(A) citizenship status in Kachin State for at least 90 days prior to the
election;
(B) residence in his or her constituency for at least 2 years;
(C) attainment of 18 years of age; and
(D) such other requirements as shall be prescribed in the election law
adopted by the Kachin State Legislative Assembly.
Article 69 In Absentia Voting
The Kachin State Legislative Assembly shall prescribe law to govern voting
by any Kachin State Citizen who resides outside of his or her constituency
or Kachin State or the Federal Union of the Republic of Burma.
24
Article 70 The right to candidacy
(A) Every person, at least one of whose parents is or was a citizen
of the Kachin State citizen shall be eligible to cast a vote.
(B) Every person who has attained the age of twenty five shall be eli-
gible for membership in the Kachin State Legislative Assembly.
(C) Every person who has attained the age of thirty five shall be eligi-
ble for membership in the Chamber of Nationalities of the Federal
Union of the Republic of Burma.
(D) Every person who has attained the age of thirty shall be eligible
for membership in the Chamber of the People's Representatives
of the Federal Union of the Republic of Burma.
(E) Any person who is eligible to run for office under the constitutions
and statutes of the Federal Union of the Republic of Burma and of
Kachin State may compete in any election.
(F) Every citizen of the Kachin State, who is illegible to vote may stand
for election for membership in only one legislative body and only
in one constituency.
Article 71 Impeachment, Resignation and Replacement
(A) Any member of the Kachin State Legislative Assembly may be
impeached according to law for commission of any of the following
offenses:
1. violation of any provision of the Constitution of the Federal
Union of the Republic of Burma or of the Kachin State Con-
stitution;
2. failure to perform the duties of his or her office; or
3. gross misconduct.
(B) Any member of the Kachin State Legislative Assembly may resign
from his or her position by submitting his or her resignation to the
appropriate entities as prescribed by law.
(C) Midterm vacancies in the Kachin State Legislative Assembly
25
shall be filled through elections conducted in accordance with the
law.
26
Chapter 6
Judiciary
Article 72 Independence of the Judiciary
The judiciary shall be independent.
Article 73 The Judicial Power
The judicial power of Kachin State shall be vested in the Kachin State
High Court and subordinate courts established by this constitution. The
structure of the Kachin State judicial system shall be prescribed by legislation
adopted by the Kachin State Legislative Assembly.
Article 74 Kachin State High Court
The High Court of Kachin State shall be the highest court of Kachin
State.
Article 75 Formation
The High Court of Kachin State shall be composed of seven Justices.
Article 76 Appointment
The Chief Minister of Kachin State shall nominate citizens of the Kachin
State to serve as Justices of the Kachin State High Court by and with the
advice and consent of the Kachin State Legislative Assembly. Neither
the Chief Minister nor the Kachin State Legislative Assembly shall
discriminate on the grounds of race, religion, color, or gender in the choice
ofJustices.
27
Article 77 Qualification
Every citizen of the Kachin State who has at least ten years of experience
in jurisprudence shall be eligible to be appointed as a Justice of the Kachin
State Judiciary.
Article 78 Chief Justice of Kachin State
The Justices of the High Court of Kachin State shall elect a Chief Justice
from among their number.
Article 79 Salary, Allowance, and Emolument of the Chief
Justice of Kachin State
The salary, allowance, and emolument of the Chief Justice of the Kachin
State High Court shall be equivalent to that provided to the Chief Minister
of Kachin State.
Article 80 Salary, Allowance, and Emolument of the Justices of
the High Court of Kachin State
The salary, allowance, and emolument of the Justices of the Kachin State
High Court shall be equivalent to that provided to the Deputy Chief Minister
of Kachin State.
Article 81 Judicial Independence
The Justices and Judges of the High Court and subordinate courts of
Kachin State established under this constitution and laws adopted by the
Kachin State Legislative Assembly shall perform their judicial duties in
accordance with this constitution and the laws of the Kachin State
Legislative Assembly. They shall perform their duties without interference
by the government or individuals.
28
Article 82 Duties and Privileges
No judge may be removed from chambers or denied the appurtenance of
his or her office unless and until:
(A) he or she violates prescribed laws, rules or regulations;
(B) he or she submits his or her resignation;
(C) he or she is incapable of performing the duties of his or her office;
(D) he or she has reached the age prescribed by law for retirement.
Article 83 Prohibition of Secondary Employment
The Justices of the High Court of Kachin State shall perform their judicial
duties and shall not undertake:
(A) employment with salary or benefits other than their employment as
justices of the High Court of Kachin State;
(B) managing membership in any business for-profit business organi-
zation; or
(C) membership in any Legislative Assembly or membership in any
governmental body.
Article 84 Annual Budgets
The High Court of Kachin State shall prepare the annual budgets of the
High Court and Subordinate Courts of Kachin State for submission to the
Kachin State Legislative Assembly within the prescribed time.
Article 85 Supremacy
Decisions of the High Court of Kachin State in accordance with this con-
stitution shall be final except with respect to the question of law.
Article 86 The Power to Issue Writs
The High Court of Kachin State shall have the power to issue writs.
29
Article 87 Interpretation of the Kachin State Constitution
The High Court of Kachin State shall have the power authoritatively to
interpret and determine the meaning of the Kachin State Constitution.
30
Chapter 7
Inter-Governmental Relations
Article 88 Relationship with the Federal Union ofthe Republic of
Burma
The Kachin State government and the Federal Union of the Republic of
Burma shall interact with and assist each other to implement the tasks of
the Federal Union of the Republic of Burma and of Kachin State.
Article 89 Kachin State Delegation
So that the government of the Federal Union of the Republic of Burma
and the government of Kachin State may regularly interact, the Kachin
State Legislative Assembly shall form a committee on such interaction, the
term of which committee shall not exceed one year.
Article 90 Inter-State Relations
The Kachin State Legislative Assembly shall prescribe laws to promote
the co-ordination of its activities with the other member states of the Federal
Union of the Republic of Burma. In addition, the Kachin State Legislative
Assembly shall have authority to prescribe law to determine the amount
that Kachin State will allocate to improve the inter-relationship between
Kachin State and other member states of the Federal Union of the Republic
ofBurma.
Article 91 Laws for Local Governments
The Kachin State Legislative Assembly shall prescribe uniform laws for
local governments.
31
Chapter 8
Emergencies
Article 92 Emergency
The Kachin State Chief Minister shall have the power to declare a State
of Emergency under any of the following circumstances:
(A) Invasion of Kachin State by any country or countries; or in extre-
me situations a threat of invasion;
(B) Abridgement of the rule of law and the public peace; or visible en-
dangerment or derogation of public security and tranquility;
(C) Extreme destruction, suffering, or death due to natural disasters or
imminent threat of such disaster.
Article 93 Declaration of a State of Emergency
(A) The Chief Minister of Kachin State shall have power to declare a
State of Emergency in all or part of Kachin State under any of the
conditions specified in Article 92.
(B) Whenever Article 92(a) or (b) provides the ground for a declara-
tion of a state of emergency, the Chief Minister of Kachin State
must seek the approval of the Kachin State Legislative Assembly
during it regular session if ongoing or otherwise at an emergency
session called for this purpose. If the Kachin State Legislative
Assembly rejects the declaration of a State of Emergency, the State
of Emergency shall immediately terminate.
(C) The Chief Minister of Kachin State shall use the resources of Ka-
chin State to deal with a State of Emergency declared under
Article 92 of this constitution. If the Chief Minister of the Kachin
State has reason to believe that Kachin State needs assistance
from the Federal Union of the Republic of Burma, he or she shall
bring the issue to the Kachin State Legislative Assembly, and if
two-thirds of the Assembly concur, appropriate action may be
32
taken.
(D) The Kachin State Legislative Assembly shall prescribe laws to im-
plement this provision.
Article 94 The Duration of a State of Emergency
(A) The declaration of a State of Emergency must clearly specify the
duration of the declaration, which shall not in any event exceed
three months.
(B) With the agreement of the Kachin State Legislative Assembly, a
State of Emergency may be extended for another three months.
Such extension of a State of Emergency may be made only with
the approval of a majority of the members of the Kachin State
Legislative Assembly.
(C) Any extension of a State of Emergency for more than 6 months
shall be made only with the approval a majority of the members
of the Kachin State Legislative Assembly.
Article 95 Powers and Duties
During a State of Emergency declared under Article 92 (a) of this con-
stitution, the Chief Minister of Kachin State shall
(A) be the head of the Armed Forces of Kachin State with the power
of Commander-in-Chief of the Armed Forces; and
(B) deploy the Federal Security and Defense forces only when the
Armed Forces of Kachin State are incapable of dealing with the
emergency.
Article 96 Judicial Review
The High Court of Kachin State shall have the power to review the following
actions for conformity with this constitution:
(A) a declaration of a State of Emergency
33
(B) extension of a State of Emergency; and
(C) prescription of the law applicable during a State of Emergency.
Article 97 Judicial Functions during a State of Emergency
At all times during any State of Emergency, the courts shall continue to
exercise their judicial functions. Judges appointed by pre-existing laws
shall continue to preside over the administration of justice.
Article 98 Irrevocable Rights
During a State of Emergency, no law may invade the rights to life, liberty,
or dignity, nor may any law be enforced in such a way as to invade the
rights to life, liberty, or dignity of the citizens of the Kachin State. No one
shall be forced to work.
Article 99 Prescription of the Law during a State of Emergency
Except for.those rights specified in Articles 12 and 13, the Kachin State
Legislative Assembly shall have the power to limit the rights of individuals
and the ownership of property during a State of Emergency.
Article 100 Termination of a State of Emergency
(A) A State of Emergency must be terminated when the declared du-
ration expires or when the Chief Minister of Kachin State revokes
its declaration.
(B) The termination of a State of Emergency by expiration of its du-
ration or by revocation by the Chief Minister of Kachin State
shall be declared and recorded in the Kachin State Gazette.
34
Chapter 9
General Provisions
Article 101 Flag
The Kachin State flag shall be
Article 102 Emblem
The Kachin State emblem shall be
Article 103 Government Seal
The Kachin State government seal shall be
Article 104 National Anthem
The Kachin State National Anthem shall be
Finance
Article 105 Taxation
The Kachin State Legislative Assembly shall prescribe uniform laws for
the prescription and collection of taxation.
Article 106 Prohibition
No governmental branch shall appropriate the revenue of Kachin State
other than as provided in legislation made by the Kachin State Legislative
Assembly.
35
Article 107 Report
In accordance with legislation by the Kachin State Legislative Assembly,
all governmental branches and organizations that receive revenue from
Kachin State shall prepare income and expenditure reports, which shall
be submitted to and made public through the Kachin State Legislative
Assembly.
Article 108 Borrowing Money
The Kachin State Legislative Assembly shall never enter a contract to
borrow money on behalf of Kachin State nor confer on others the power
to borrow money on behalf of Kachin State except under the following
conditions:
(A) To cover a shortage of revenue;
(B) To pay the interest on the Kachin State debt;
(C) To repel an invasion;
(D) To suppress insurrection or treason;
(E) To control a threat to public security.
Article 109 Annual Budget
The Chief Minister of Kachin State shall prepare the annual budget for
Kachin State and submit it to the Kachin State Legislative Assembly at
least three months prior to the end of the fiscal year.
Article 110 Auditor General
The Kachin State Legislative Assembly shall appoint an Auditor General
to audit the appropriation of income and expenditure of the Kachin State
Government and subordinate departments and organizations. The Auditor
General shall audit income and expenditure and report to the Kachin State
government once every three months with recommendation and analysis.
36
Article 111 Public Service
The Kachin State Legislative Assembly shall prescribe law to govern the
appointment, training, promotion, salaries, privileges, and duties of those
in public service.
Article 112 Public Welfare
The Kachin State Legislative Assembly shall prescribe law to provide for
public education, health, welfare, and housing programs. The Kachin State
Legislative Assembly may prescribe law to allow private agencies to
conduct such programs.
Article 113 Investigation/Auditing
Any agency or charity working for the public benefit, whether in conjunction
with the Kachin State Government or independently, shall be subject to
investigation to ensure that it complies with all relevant laws, rules, and
regulations.
Article 114 Conservation
The Kachin State Legislative Assembly shall prescribe laws for the
conservation, development, and use of agricultural, mineral, forest, water
and other natural resources.
Article 115 Security and Defense Service
(A) In accordance with the Constitution of the Federal Union of the
Republic of Burma, the following armed forces shall be established
to provide security and defense:
1. Kachin State Defense Force
2. Kachin State Police Force
37
(B) The Kachin State Legislative Assembly shall prescribe laws for
the formation of the Kachin State Security Forces and Defense
Forces. The Kachin State Defense Forces shall be comprised of
a permanent force and an auxiliary force.
Article 116 Head of the Armed Forces
(A) The Chief Minister of Kachin State shall be the head of the Kachin
State Security and Defense Forces.
(B) The Chief Minister of Kachin State shall appoint a Deputy Head
of the Kachin State Security and Defense Forces with the advice
and consent of the Kachin State Legislative Assembly.
Article 117 Mandatory Military Service
Every citizen of the Kachin State who has attained the age of seventeen
years shall serve in the Armed Forces of Kachin State except when the
law provides an exemption. The Kachin State Legislative Assembly shall
prescribe law to carry this provision into effect.
Article 118 Citizenship of Kachin State
Every person, at least one of whose parents is or was a citizen of Kachin
State citizen, shall be a citizen Kachin State.
Article 119 Citizenship of the Federal Union
Every person whom Kachin State recognizes as its own citizen shall
automatically be a citizen of the Federal Union of the Republic of Burma.
Article 120 The Right to Kachin State Citizenship
Every person who legally resides in Kachin State shall have the right to be
38
recognized as a citizen of Kachin State citizen. The Kachin State Legislative
Assembly shall prescribe law to carry this provision into effect.
39
Chapter 10
Transitional Provisions
Article 121 Existing Laws
(A) At the time of this constitution comes into effect, all existing laws
and acts that conform to this constitution shall remain in force unless
and until the Kachin State Legislative Assembly repeals or amends
them.
(B) At the time of this constitution comes into effect, all existing rules,
regulations, orders, directives, and programs that conform to this
constitution shall remain in force unless and until the Kachin State
Legislative Assembly repeals or amends them.
Article 122 Existing Courts
AI! the courts existing at the time that this constitution comes into force
shall continue to function until a new judicial system comes into existence
in accordance with this constitution.
Article 123 Civil Servants
All government servants who were in service before this constitution came
into force shall remain in their original position unless and until the
government of Kachin State provides otherwise.
40
Chapter 11
Amendment of the Constitution
Article 124 Procedure for Amending the Constitution
(A) A bill to amend, repeal, replace, or add to this constitution, in part
or in whole, may originate only in the Kachin State Legislative
Assembly. When such a bill has been introduced, it shall become
law if
1. Two-thirds of the Kachin State Legislative Assembly supports
it; or
2. The people support it in a referendum held for this purpose.
The Kachin State Legislative Assembly shall decide whether to
extend to a bill the procedure prescribed in (A) (1) or the pro-
cedure prescribed in (A) (2).
(B) The Kachin State Legislative Assembly shall decide whether to
extend to a bill the procedure prescribed in (A) (1) or the pro-
cedure prescribed in (A) (2).
41
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